Russell Yates v. United States

Russell James Yates appeals from the district court’s denial of his motion to correct an illegal sentence under Rule 35 of the Federal Rules of Criminal Procedure. We affirm.

Yates was found guilty of possession of heroin with intent to distribute, for which he was sentenced to ten years imprisonment, and possession of a firearm by a convicted felon, for which he was sentenced to two years imprisonment. See 734 F.2d 368 (8th Cir.1984). Under the authority of 21 U.S.C. § 841(b)(1)(A), a special parole term of ten years was also imposed.

Yates contends that the special parole provision of 21…